Republican Representative (GA-8)

Voted NO on $2 billion more for Cash for Clunkers program.

Proponent's argument to vote Yes:Rep. OBEY (D, WI-7): The cash for clunkers program has proven even more wildly popular than its strongest supporters had predicted. Just last month, Congress passed the program, which provided up to $4,500 if you trade in your old gas guzzler for a new car that gets better mileage. That was done in the hopes of spurring some new car sales and encouraging people to be a little more environmentally friendly. We provided $1 billion in the supplemental to get it going, enough for about 250,000 sales--which was just about exhausted in one week. This bill transfers $2 billion from the Department of Energy's Innovative Technology Loan Guarantee program, which doesn't expect to award funding until late next year.

Opponent's argument to vote No:Rep. LEWIS (R, CA-41):
In the majority's haste to slam legislation with no time for consideration or amendments, we are now seeing the effects of such shortsighted martial law tactics.

Senator Feinstein tried to negotiate some changes to improve the program but was told that it was this way or the highway. Not one hearing on the Cash for Clunkers program, not one hearing on how the first billion dollars has been spent, not one hearing on how much money the program will need to get through the fiscal year.

Many of my colleagues will say, This is a great program, and it is necessary for the revitalization of the car industry. I'm not really going to argue with those goals. However, are we sure this program is working like it's supposed to? I don't think so. This program has only been up and running 1 week. If that is how the government is going to handle billion-dollar programs affecting all Americans, I ask, Whatever will we do if the administration takes control of our health care system?

Proponent's argument to vote Yes:Rep. JOHN SARBANES (D, MD-3): This bill creates a new National Capacity Environmental Education grant program for which education associations apply competitively for grants that would fund model programs that get children into nature and really have them experiencing the environment.

Rep. BUCK McKEON (R, CA-25): This bill incorporates scientifically-based and technology-driven teaching methods into environmental education. Unfortunately, the new National Capacity Environmental Education Program is duplicative of the existing
environmental education program already being run by the EPA. Still, I do not intend to oppose its passage.

Opponent's argument to vote No:Rep. MICHELE BACHMANN (R, MN-6): H.R. 3036 continues our Nation down the ill-fated road of shifting control of school curricula away from the parents and teachers and local school boards who best know what their children need into the hands of Federal Government and its one-size-fits-all approach. To best serve our children's educational needs, local school boards need flexibility to target resources where they are needed most. The needs of individual school districts are not homogenous and are most certainly not best understood by bureaucrats in Washington. This bill represents a step in the wrong direction. Forcing local school districts to direct scarce resources away from core curricula to serve a political agenda will only further suppress the academic performance of America's next generation.

Proponents argument for voting YEA: Rep. OBERSTAR: America is on the threshold of a "renaissance'' for intercity passenger rail that approaches the enthusiasm of the completion of the transcontinental railroad. Last year, Amtrak set a ridership record for the fifth year in a row, exceeding 25.8 million passengers. Its ticket revenues rose 11 percent to more than $1.5 billion, the third straight year of revenue growth. This record of achievement is even more impressive considering that for the past eight years Amtrak has contended with an Administration committed to its bankruptcy.
Indeed, these achievements are occurring when there is a greater need than ever for alternatives to our congested highways and skies. To alleviate this congestion and strengthen our energy security, we need to invest in intercity passenger rail.

Other countries already make an annual commitment to intercity passenger rail. In 2003 alone, France invested $10.6 billion in its rail system; Germany invested $12.4 billion; and the United Kingdom invested $7.8 billion. China plans to spend a total of $162 billion from 2006 through 2010 to expand its railway system. This bill authorizes $14 billion over 5 years:

$6.7 billion for capital grants

$3.0 billion for operating grants

$2.5 billion for 80% matching grants to States to pay for the capital costs of facilities

Voted NO on increasing AMTRAK funding by adding $214M to $900M.

Voting YES on this amendment would restore $214 million in funding for AMTRAK, bringing the total annual expenditure for AMTRAK to $1.114 billion. The chairman of the Railroad Subcommittee explained the increase as follows:

Unlike aviation, highways and transit, there is no dedicated funding for investing in our Nation's passenger rail service. This amendment restores $214 million to the Amtrak account, taking it to $1.114 billion, which is still about $300 million less than we had during the course of last year's discussion.

Last year the President sent up a budget of zero for Amtrak. We had an amendment process that we went through this time. This time we are up to $900 million in the bill [without this amendment].

But if you look at that $900 million, there is only $500 million for capital expenditures, out of which has to come a debt service of $280 million, which only leaves $220 million for the capital needs of this country for Amtrak, for passenger rail.

There is nothing for
operation, and I know that the response to that is going to be that there are some incentive grants in the bill.

Opponents of the amendment say that it would increase funding for Amtrak by gutting and eliminating critical programs, including safety programs, resulting in reductions in force at several agencies.

An amendment to prohibit funding the "Yucca Mountain Youth Zone" website. Voting YES indicates opposition to using Yucca Mountain as the national nuclear waste repository. The amendment's sponsor says:

I would like to introduce the American people to the newest member of the Bush administration's energy policy team. His name is Yucca Mountain Johnny. He is the star of the Energy Department's Yucca Mountain Youth Zone Web site devoted to brainwashing school children into believing that burying the Nation's nuclear garbage 90 miles from Los Vegas is safe.

The Web site features games and activities to make high level nuclear waste fun. High level nuclear waste is not fun. It is dangerous, and the Department of Energy should not be using taxpayer money for a propaganda tool.

I would probably not be as upset with Joe Camel, excuse me, Yucca Mountain Johnny, if there was a more balanced approach on this Web site. It doesn't talk about the potential of accidents or being an inviting target for
terrorists. It doesn't talk about the fact that Yucca Mountain is in a volcanic and seismic zone area. It doesn't say anything about the existence of safer and cheaper alternatives.

Among Yucca Mountain Johnny's witty sayings, he says, "The worst mistake is never making one." Well, Yucca Mountain is a mistake. This Web site is a mistake. Yucca Mountain Johnny is a mistake, and to promote the proposed nuclear waste repository to our children under the guise of education is a big mistake.

The amendment's opponents respond:

To my knowledge, nobody has questioned the accuracy or truth of what is on the Web site. My guess is that most of the children that access this website use it for term papers and papers in their classrooms that they have to do on nuclear power.

Whether you oppose or support the repository, we should at least want the facts out to our children and adults who wish to use that same Web site about just what exactly it is.

Stop considering manure as pollutant or hazardous.

Westmoreland co-sponsored Superfund Common Sense Act

Congressional Summary:Amends the Comprehensive Environmental Response Compensation and Liability Act of 1980 (CERCLA) to exclude manure from the definition of "hazardous substance" and "pollutant or contaminant" for purposes of such Act. Defines "manure" to mean:

digestive emissions, feces, urine, urea and other excrement from livestock;

any associated bedding, compost, raw materials or other materials commingled with such excrement from livestock;

any process water associated with such items; and

any byproducts, constituents, or substances contained in, or originating from, such items or any emissions relating to such items.

Amends the Superfund Amendments and Reauthorization Act of 1986 to exempt from notification requirements releases associated with manure.

Opponent's Comments (Jim Ruen on AgProfessional.com, Oct. 3, 2011):
Since when can a fertilizer dealer operate without concern for environmental regulation and impact? Let's face it, we aren't talking about Ma and Pa Kettle with their six milk cows and three sows here spreading a load of manure on the back 40. We are talking about CAFO units with thousands of animals and tens of thousands or more tons/gallons of manure. While a few maybe spreading on their own land, most are selling it to area farmers. At a time when fertilizer dealers and companies have to be conspicuously careful with how they handle product, why shouldn't mega-livestock operators be equally regulated as they sell their "waste" product for its nutrient and soil building value. Since when do commercial N, P and K producers or handlers get a free ride from the EPA...or Congress?

112th Mid-Term Humane Scorecard: The Humane Society Legislative Fund has posted the final version of the 2011 Humane Scorecard, where you can track the performance of your federal lawmakers on key animal protection issues during last year. We rated legislators based on their voting behavior on measures such as agribusiness subsidies, lethal predator control, and the Endangered Species Act; their cosponsorship of priority bills on puppy mills, horse slaughter, animal fighting, and chimps in research; their support for funding the enforcement of animal welfare laws; and their leadership on animal protection.
All of the priority bills whose cosponsorships we're counting enjoy strong bipartisan support; in the House, each of the four now has more than 150 cosponsors.

The Humane Scorecard is not a perfect measuring tool, but creating some reasonable yardstick and allowing citizens to hold lawmakers accountable is central to our work. When the Humane Scorecard comes out each year, it helps clarify how the animal protection movement is doing geographically, by party affiliation, and in other categories. It helps us chart our course for animals by seeing where we have been effective, and where we need to improve.

No EPA permits required for forest road runoff.

Congressional Summary:Amends the Clean Water Act to prohibit the EPA from requiring permits for a discharge of stormwater runoff resulting from silviculture activities.

Opponent's argument against bill: (Evergreen Magazine and Washington Forest Law Center): In Aug. 2010, the Ninth Circuit Court of Appeals ruled unanimously that polluted stormwater generated by logging roads is subject to regulation under the Clean Water Act. [The ruling meant] that rain runoff from forest roads constituted an industrial (not forestry) activity, which should be considered a "point source" discharge under the CWA. The lawsuit was brought because forest roads have been dumping sediment into rivers that support myriad species of salmon and resident trout, all of which are at risk from the pollution. The ruling will require State agencies to issue permits and ensure that road construction and maintenance practices limit or eliminate such discharges.

In March 2013, the
US Supreme Court reversed the Ninth Circuit: permits are not required for stormwater discharges from pipes, ditches and channels along logging roads. [This legislation supports the Supreme Court ruling, against the Ninth Circuit conclusion].

Proponent's argument for bill: (Press release by sponsors):

Sen. WYDEN (D-OR): "We need a healthy timber industry to provide timber jobs and to do the restoration work that ensures healthy forests. The way to do that is to stop litigating questions that have already been answered."

Sen. CRAPO (R-ID): "The jobs and economic activities relating to the forest products industry are critical to the Pacific Northwest. The Clean Water Act was not intended to regulate stormwater runoff on forest roads."

Rep. HERRERA BEUTLER (R-WA): "At the heart of our efforts are the moms and dads employed by healthy, working forests--and passing this law will help make sure they have jobs, and will help make our forests healthy."

No EPA expansion of regulated waters.

Westmoreland signed Waters of the U.S. Regulatory Overreach Protection Act

Congressional Summary:

A BILL to preserve existing rights and responsibilities with respect to waters of the United States.

The EPA Administrator are prohibited from developing, finalizing, adopting, implementing, applying, administering, or enforcing the proposed Definition of 'Waters of the United States' Under the Clean Water Act (April 21, 2014); or any substantially similar proposed rule.

FEDERALISM CONSULTATION: The EPA Administrator shall jointly consult with relevant State and local officials to develop recommendations for a regulatory proposal, taking into consideration differences in State and local geography, hydrology, climate, legal frameworks, economies, priorities, and needs.

Argument in opposition: (by Rep. Bishop, D-NY-1)

The enactment of H.R. 5078 would, unfortunately, lock in place the interpretive guidance of the Bush administration: traditional
Clean Water Act protections over a significant percentage of waters has been called into question or have simply been lost. These are protections that existed for over 30 years prior to the issuance of the first Bush-era guidance in 2003 and are now all but lost, making it harder and more costly for individual States to protect their own waters should their upstream neighbors be unwilling or unable to fill in the gap in protecting water quality.

Pollution needs to go somewhere, and since pollution does not respect State boundaries when it travels downstream, it will have an adverse impact on the quality of life and the quality of the environment of those downstream States. Under H.R. 5078, the EPA would be prohibited from ensuring that polluters in Connecticut continue to reduce excessive amounts of nitrogen in the Sound, leaving my constituents in the State of New York without any recourse to stop them.